People v. Dowell CA2/7

Filed 9/1/20 P. v. Dowell CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B300343

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA049692) v.

BRADLEY JAMES DOWELL,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Hayden Zacky Judge. Affirmed. Edward H. Schulman, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ________________

A jury convicted Bradley James Dowell in 2009 of second degree murder, attempted voluntary manslaughter and four counts of aggravated assault and found true special allegations that Dowell had used a deadly weapon and inflicted great bodily injury when committing the offenses. In a bifurcated proceeding the trial court found true prior conviction allegations and sentenced Dowell to an aggregate indeterminate state prison term of 55 years six months to life. We affirmed the judgment on appeal. (People v. Dowell (Nov. 2, 2010, B215971) [nonpub. opn.].) On June 20, 2019 Dowell moved to modify his sentence, challenging the court’s order he pay a restitution fine of $10,000 (Pen. Code, § 1202.4, subd. (b)) and victim restitution of $7,499.80, payable to the California Victim Compensation Board (Pen. Code, § 1202.4, subd. (f)), because it had failed to consider his ability to pay those sums. The superior court denied Dowell’s motion, ruling he had forfeited the issue.1 The court noted Dowell and his counsel had agreed to the amount of victim restitution at the time of sentencing. Dowell filed a timely notice of appeal. DISCUSSION We appointed counsel to represent Dowell on appeal. After examination of the record, counsel filed an opening brief in which no issues were raised. On February 3, 2020 we advised Dowell